HomeMy WebLinkAbout2002-01-16; Planning Commission; Resolution 51261
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PLANNING COMMISSION RESOLUTION NO. 5126
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A
TIONAL USE PERMIT TO CONTINUE TO ALLOW THE
OPERATION OF AN ATTENDED RECYCLING COLLECTION
FACILITY CENTER IN THE COMMERCIAL CENTER
PARKING LOT ON PROPERTY GENERALLY LOCATED ON
THE SOUTH SIDE OF TAMARACK AVENUE, BETWEEN
ADAMS AVENUE AND INTERSTATE 5 IN LOCAL
FACILITIES MANAGEMENT ZONE 1.
RETROACTIVE FIVE-YEAR EXTENSION OF A CONDI-
CASE NAME: 20/20 RECYCLING FACILITY - VONS AT
TAMARACK
CASE NO.: CUP 95-01x1
WHEREAS, 20/20 Recycling Centers, “Developer,” has filed a verified
application with the City of Carlsbad regarding property owned by Vons Companies, Inc.,
“Owner,” described as
Parcels 1 and 3 of Parcel Map No. 501, filed on April 16,1971
in the Office of the County Recorder, City of Carlsbad, County
of San Diego, State of California
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Conditional Use
Permit Extension as shown on Exhibits “A” - “B” dated March 1, 1995, on file in the Carlsbad
Planning Department 20/20 RECYCLING PACILITY - VONS AT TAMARACK - CUP 95-
01x1, as provided by the conditions of approval of CUP 95-01 and Chapter 21.42 of the Carlsbad
Municipal Code; and
WHEREAS, the Planning Commission did, on the 16th day of January 2002,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring to be heard, said Commission considered all factors
relating to the CUP Extension.
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WHEREAS, on March 1, 1995, the Planning Commission approved CUP 95-01
as described and conditioned in Planning Commission Resolution No. 3748.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES 20/20 RECYCLING FACILITY - VONS AT
TAMARACK - CUP 95-01x1 based on the following findings and subject to the
following conditions:
Findinw:
1. The adopted findings for CUP 95-01 which are contained in Planning Commission
Resolution No. 3748 apply to this extension.
2. That the Planning Director has determined that the project belongs to a class of projects
that the State Secretary for Resources has found do not have a significant impact on the
environment, and it is therefore categorically exempt from the requirement for the
preparation of environmental documents pursuant to Section 15301 - Existing Facilities
of the state CEQA Guidelines. In making this determination, the Planning Director has
found that the exceptions listed in Section 15300.2 of the state CEQA Guidelines do not
apply to this project.
Conditions:
1. If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Conditional Use Permit.
2. All conditions of approval imposed upon Conditional Use Permit CUP 95-01 as stated in
Planning Commission Resolution No. 3748 shall apply as conditions of approval for CUP
95-01x1 except Condition No. 15 which is replaced by Condition No. 4 below.
3. This Conditional Use Permit shall be reviewed by the Planning Director on a yearly basis
to determine if all conditions of this permit have been met and that the use does not have
a substantial negative effect on surrounding properties or the public health and welfare. If
the Planning Director determines that the use has such substantial negative effects, the
Planning Director shall recommend that the Planning Commission, after providing the
PC RES0 NO. 5126 -2-
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permittee the opportunity to be heard, add additional conditions to reduce or eliminate the
substantial negative effects.
4. This Conditional Use Permit is granted for a period of five (5) years retroactively fkom
February 28,2000 through February 27,2005. This permit may be revoked at any time
after a public hearing, if it is found that the use has a substantial detrimental effect on
surrounding land uses and the public's health and welfare, or the conditions imposed
herein have not been met. This permit may be extended for a reasonable period of time
not to exceed five (5) years upon written application of the permittee made no less than
90 days prior to the expiration date. The Planning Commission may not grant such
extension, unless it finds that there are no substantial negative effects on surrounding land
uses or the public's health and welfare. If a substantial negative effect on surrounding
land uses or the public's health and welfare is found, the extension shall be denied or
granted with conditions that will eliminate or substantially reduce such effects. There is
no limit to the number of extensions the Planning Commission may grant.
5. Developer shall comply with the City's requirements of the National Pollutant Discharge
Elimination System (NPDES) permit, latest version. Developer shall provide
improvements constructed pursuant to best management practices as referenced in the
"California Storm Water Best Management Practices Handbook" to reduce surface
pollutants to an acceptable level prior to discharge from the site. Plans for such
improvements shall be submitted to and subject to the approval of the City Engineer.
Said plans shall include, but not be limited to notifjmg prospective owners and tenants of
the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifkeeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
6. Within 12 months of the date of the extension of this Conditional Use Permit,
Developer shall submit to and receive approval from the City of Carlsbad
Engineering Department of a Storm Water Pollution Prevention Plan (SWPPP).
Pursuant to Order No. 2001-01 issued by the California Regional Water Quality
Control Board (CRWQCB), this project qualifies as a ('priority project" and is
required to capture and reduce pollutants to a level of insignificance. The
organization and content of the SWPPP shall be prepared in accordance with the
guidelines as established by the CRWQCB and as modified by the City of Carlsbad.
The SWPPP shall address the anticipated pollutants of concern associated with the
PC RES0 NO. 5 126 -3-
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Project and shall suggest the type(s) of post-construction (structural) Best
Management Practices (BMPs) required to capture and filter said anticipated
pollutants of concern.
7. Within 12 months of the date of the extension of this Conditional Use Permit,
Developer shall have constructed the necessary BMP measures necessary to capture
and filter the anticipated pollutants of concern associated with the Project in
accordance with the City-approved SWPPP and the latest California National
Pollution Discharge Elimination System (NPDES) permit requirements.
NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these feedexactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified feedexactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any feedexactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
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PC RES0 NO. 5 126 -4-
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PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning
Commission of the City of Carlsbad, California, held on the 16th day of January 2002 by the
following vote, to wit:
AYES: Chairperson Trigas, Commissioners Baker, Compas, Dominguez,
Heineman, Nielsen, and Segall
NOES:
ABSENT:
ABSTAIN:
n
SEENA TRIGAS, Chairpersh
CARLSBAD PLANNING COMMISSION
ATTEST:
MICHAEL JmLmILLER
Planning Director
PC RES0 NO. 5 126 -5-